Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, EON Agency and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without EON Agency’s express written consent.

You must not use this website for any purposes related to marketing without EON Agency’s express written consent.

Restricted access

EON Agency reserves the right to restrict access to certain areas of this website, or indeed this entire website, at EON Agency’s discretion.

If EON Agency provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

EON Agency may disable your user ID and password at its sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to EON Agency a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to EON Agency the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EON Agency or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

EON Agency reserves the right to edit or remove any material submitted to this website, or stored on EON Agency’s servers, or hosted or published upon this website.

Notwithstanding EON Agency’s rights under these terms and conditions in relation to user content, EON Agency does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. EON Agency makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, EON Agency does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any news related matter you should consult an appropriate professional.

Limitations of liability

EON Agency will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EON Agency has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit EON Agency’s liability in respect of any:

  • death or personal injury caused by EON Agency’s negligence;
  • fraud or fraudulent misrepresentation on the part of EON Agency; or
  • matter which it would be illegal or unlawful for EON Agency to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, EON Agency has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EON Agency’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EON Agency’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EON Agency.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EON Agency and undertake to keep EON Agency indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EON Agency to a third party in settlement of a claim or dispute on the advice of EON Agency’s legal advisers) incurred or suffered by EON Agency arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to EON Agency’s other rights under these terms and conditions, if you breach these terms and conditions in any way, EON Agency may take such action as EON Agency deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EON Agency may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

EON Agency may transfer, sub-contract or otherwise deal with EON Agency’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and EON Agency in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These website terms and conditions

These website terms and conditions are based on a Contractology template available at www.freenetlaw.com. Customers can purchase a wide range of commercial contracts from Contractology.com.

Privacy Policy

Welcome to EON Agency, a website (available at www.agenciaeon.com, the “Site”), a content platform, content and features (together with the Site, the “Services”), provided to you by EON Agency. (“we”, “us” or “EON Agency”). We value our customers and end users’ privacy, so we have designed this Privacy Policy (“Privacy Policy”) to explain to you about our data collection and protection practices, when you access, use, interact or engage with any of the Services.

When we use the term Platform, we may refer to one or more of the following platforms: (a) Site/s; (b) our multi-screen media player technology (Media Player); (c) our ad server and respective BI and analytic services and dashboards (Ad Server); or (d) our ad bidding and serving marketplace (Market Place).

Please be aware that this Privacy Policy is an integral part of our Terms and Conditions, whether you are an end consumer who interacts with the Services or a business entity who engages with us and

integrates the Services into your platform.

If you do not agree to this Privacy Policy and to the data collection practices we describe here, we may not be able to properly provide you with the Services, so please make sure you read it carefully, understand it and consent to its terms. If you have any question for us regarding this Privacy Policy or our data practices, you are welcome to contact us at: [email protected].

YOUR CHOICES

As a user of the Services, you have certain rights, as you can read below. In particular, the choice to opt out of receiving any personalized content that may become available through some of the Services. In such a case, you can opt out from receiving personalized content by or through us by clicking here.

WE MAY MODIFY THIS PRIVACY POLICY

We may, from time to time, modify, add or delete provisions of this Privacy Policy. Your use of the Website or Services following the effective date of any such modification means you accept and agree to be bound by the Privacy Policy, as modified. In cases of material change, we will make sure to provide you with a more prominent notice, for example, posting a note on the Website or similar method. We urge you to come back to this web page and review this Privacy Policy regularly so that you remain aware of the terms and conditions that apply to you.

This Privacy Policy includes:

A. Application of this Privacy Policy

B. If you are a Customer

  1. Information we Collect About Customers
  2. How we Use Customer Information
  3. Sharing Customer Information
  4. Your Choices

C. If you are an End User

  1. Information we Collect About End Users
  2. How We Collect End User Information
  3. Sharing or Disclosing User Information
  4. Users’ Choices
  5. Information Security
  6. Data Retention
  7. Cross-Border Data Transmission
  8. Children’s Privacy
  9. Comments and Questions

A. APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy explains EON Agency’s data collection practices that are applicable toward (i) our customers, which are our business partners, whether they are publishers, advertisers or any other type of business partners (“Customer/s”) and (ii) the data practices relating to visitors of the Site and/or our Customer’s websites and/or products (“End User/s”), Customers and End Users will be jointly referred to as “Users”. Lastly, the Privacy Policy refers to general provisions, which are applicable to both Customers and Users. Capitalized terms will have the meaning given to them in the EON Agency Terms or here, in this Privacy Policy. When we use the term “Personal Information” we mean information that may be used, either alone or in combination with other information, to personally identify an individual (natural person), such as a first and last name, an email address, phone number, a home or other physical address, and other contact information. In some jurisdictions and given the specific use we make with the information, IP address that your Internet service provider allocates for your device, may also be considered as Personal Information (in the European Union for example). In which case, we will be treating the information as personal in all handling and safeguarding aspects, however, EON Agency does not make any use of such information for identification or personalization purposes and we do not combine such data with another in attempt to identify you.

B. IF YOU ARE A CUSTOMER:

If you are a Customer of the Services, in addition to the User Information we collect, we may collect Personal Information that you are required to submit to us when you open an account with us, for purposes of engaging with us in a business relationship or to otherwise integrate our Services into your own sites, products, software and services. In such a case, our data collection practices will be as follows:

  1. Information we collect about Customers
    In addition to information we may collect about End Users, (as detailed below), if you are a Customer and you choose to open an account with us, you will be asked to submit certain Personally Identifiable Information, such as first and last name, email address of the entity on which behalf you are engaging with, a password for accessing your account and billing information. We will also ask you to fill out a form in which you will provide your organization’s billing address, URL and some financial information. We will also collect other Information that Customers choose to provide to us, such as the contents of a message that a Customer submits through our Website (collectively “Customer Information”).
  2. HOW WE USE CUSTOMER INFORMATION?
    We use Customer information in order to (i) render our Services and contact Customers that express their will to communicate with us and/or engage with the Services; (ii) communicate with Customers and respond to any inquiry or any other form of communications from Customers; and (iii) providing Customers with newsletters, promotions, updates, and other information Customer may find useful, including via email;
  3. SHARING CUSTOMER INFORMATION.
    We may disclose or share Customer Information to a current or future (i) affiliate, parent companies and/or subsidiaries that help us with facilitating the Services or operating the Website; (ii) services providers, agents, contractors, vendors and any other individual or entity which requires access to Customer Information in order to perform their functions; (iii) other Customers, to the extent required to render the Services and consented by Customer.
  4. YOUR CHOICES.
    As a Customer of us, you have certain rights concerning your Customer Information, including: edit, correct, verify, update or delete your Customer Information. If you wish to exercise any of those rights, you may do so by contacting us directly at: [email protected]. In addition, any email communication we send to you, will include an opt-out / unsubscribe option that you can directly exercise via the email communication. Please note that if you choose to unsubscribe from email communication, we may still hold your account information and Customer Information and may contact you for updates regarding your use if the Services or any other relevant account information.

C. IF YOU ARE AN END USER:

If you are an End User of the Services, the following data privacy practices are relevant for you:

  1. INFORMATION WE COLLECT ABOUT END USERS
    When you visit the Site or access, interact or engage with any of the Platforms, we may collect some information about such use as dependence of the type of Platform (and respective technology) with which you interact. Such information generally includes the following, and may be attributed to our Platform or Service ID that we generate for each type of Platform or to a general user ID that we generate for each user on the system and is a completely random identifier: device information (such as type, operating system type, version and language), your user agent, that includes the browser type, version and language from which you access the Platform or consume the Services, the domain or URL of the website you browse in which the Platform is integrated and the Services are displayed or served [please advise if you take full URL even if the site is served over https]. We may also collect the IP address of the device that accessed to the Services for purposes extracting the End User geographic location. In which case the IP address is not retained. User Information and Customer Information will be jointly referred to as “Information”.
  2. HOW WE COLLECT END USER INFORMATION?
    Like most online services, we also use Cookies (also known as web beacons), pixel tags and similar web technologies to collect User Information:
  • (i) Cookies: A cookie is a small text file that is placed on the browser of the hard drive of your computer (or similar device) by websites that you visit. Most websites and online services use cookies. Cookies are typically used (together with web beacons) in order to make websites or web services function, or function more efficiently, as well as to provide information to the owners of the particular website or service. Cookies make your use of the Services easier to use and improve their functionality. Additionally, is some of the Platforms we operate, Cookies are essential for the proper functionality of that Platform and the Services that are available by it. Most browsers are automatically set to accept cookies, but you can usually modify your browser settings to disable cookies or to completely remove them. If you choose to disable cookies though, you will still be able to access the Website and use the Services, but some features and services may not properly function.
  • (ii) Web Beacons: We, or advertisers partners, may use standard Internet technology such as web beacons (or “clear gifs”), tracking pixels, and other similar technologies, to gather analytics, anonymous, aggregate, non-personally identifiable information about End Users that interact with the Platform or the content that is available on top. Please be aware, as a Platform, we tend to host third party content, features, elements and services that are not necessarily provided by us (“Third Party Content”). Such Third Party Content may include graphics, animation, video, ads, offers, links, buttons or any their similar feature with which you may engage. Any interaction you make with such Third Party Feature is governed by their providers’ policies, terms and conditions, so we advise you to refer to their privacy policies to learn more about their data collection and protection practices.
  • (iii) Log Files: Technical information from your browser is automatically collected into a log file, when you visit our Site or interact with any of the Platforms. This information includes your device’s IP address (which we do not retain), User’s browser type, operating system, access times, the content of any undeleted cookies that the End User’s browser previously accepted from us, and the referring website address.
  1. HOW DO WE USE USER INFORMATION?
    Please note that we use User Information for purposes of operating the Platforms, providing the Services and constantly improving them. That includes the following uses:
  • (i) Operating and further developing and improving the Services

;

  • (ii) For counting and tracking purposes when the Platform involves ad serving and campaign management;
  • (iii) Validation of users as humans;
  • (iv) Where you provided us with your email address, for example if you contact with us for an inquiry or request, we will use your contact details and inquiry content to process it and respond and other communications with you;
  • (v) Identify or authenticate your access and use of your account (in case of a Customer Information).
  • (vi) Personalized Content and Advertising: When a User interacts with our Media Player or Market Place, we may facilitate the transmission of certain device information and End User information. This information includes user agent, IP address, Cookie ID and additional parameters about the End User’s consent. We do not retain this information, however enable by it the serving of personalized content. This information is never used to personally identify any individual and is handled with compliance to applicable laws, as we strictly require our advertising partners.
  • (vii) Retargeting: Some of our third-party services may collect non-identifiable information about your interaction with the Platforms. Such information may be used by such third parties for serving and displaying ads and offers (“Ad/s”) when you browse other websites across the web (“Retargeting”). You will have the choice to opt-out at any time of such type of advertising, directly from the Ad when you encounter it, from the ad setting of the providing third party services.
  • (viii) For any legally permissible purpose in our sole discretion or law enforcement requirement;
  1. SHARING OR DISCLOSING USER INFORMATION
    We do not share Personal Information about you with Third Parties, except for the following circumstances:
  • (i) Data Storage and Security Platforms (“Processors”): We use third party cloud and storage services to store and retain your Information. It means that we send or otherwise share your Information to/with third party entities that are based in the U.S, for the purpose of storing such information on our behalf, or for other processing needs. Such entities include Amazon Web Services (which privacy policy available at: https://aws.amazon.com/privacy/). Our Processors may be based (and their servers may be located) anywhere in the world. We require each such Processor to maintain a strict privacy protection and data security policies, and strict compliance with applicable data protection laws. However, their practices and activities are fully governed by their own privacy policies and the jurisdictions in which they are based.
  • (ii) Enforcement: We may share your Information with any third party if we believe that disclosure of such information is helpful or reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce our terms and conditions, including investigations of potential violations thereof; (c) detect, prevent, or otherwise address fraud or security issues; and/or (d) protect against harm to the rights, property or safety of our Platform, system network or technology, our affiliated entities, our users, yourself, and/or the public.
  • (iii) Merger, Sale or Bankruptcy: In the event that we or one of our affiliated entities is acquired by, or merged with, a Third Party entity, or otherwise sells all or part of our/its assets, we may (and hereby reserve the right to) transfer or assign the Personal Information and other information we have collected or received. In such a case, we will require the acquiring entity to post its data practices and provide you with any of your rights as per the jurisdiction of your residency.
  • (iv) Other Third Parties: We may send or otherwise share User Information to/with various third parties that help us with our business operations (for example, customer service operators and email and push administration providers, where applicable and made available), that help us understand how our users use the Site and Services, operate them and to improve them. These third parties may have their own privacy policies that they adhere to and may also provide how to opt-out of such services, and we require them to make it available whenever their services are provided. We recommend you revisit such privacy policies when those Third Parties render their services directly to you. Also, these third parties may be based (and their servers may be located) anywhere in the world.
  • (v) Social Media Websites and Widgets: EON Agency may include in its Sites (or related content), certain features of third party social networking platforms such as Facebook, Twitter and LinkedIn share functions and widgets (“Third Party Features”). The Third Party Features may collect information about your use of the content or such features, and may do so by setting a cookie to make sure the feature functions properly. Third Party Features may be either hosted by a third party or hosted directly on our Services or a Publisher Site. Your interactions with the Third Party Features are governed by the privacy policy of the relevant operator and provider of such features. We have no control over the actions of the companies providing the Third Party Features or their users, but we do however require them and making sure they are compliant with applicable privacy laws.
  1. USER CHOICES
    We believe in keeping the choice in our Customers’ and End Users’ hands, so we try to be transparent with you and let you choose whether you want to engage and interact with our Services subject to this Privacy Policy’s terms. Some Information is collected and required to provide you with the Services and you cannot otherwise be able to use them. In other cases, you can decide to exercise the following rights with respect to your Information, based on the jurisdiction of your residency. For example (where applicable and relevant):
  • a. Newsletters, Surveys and Promotions: You may choose not to receive future promotional, advertising, or other similar emails from us by selecting the unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving such emails, we may still send you administrative emails to facilitate your use of the Website or Services, unless you request to completely delete your contact information.
  • b. Cookies and web tracking technologies: you may set your browser to refuse and/or block any cookies from us or third party services, or periodically remove and delete any existing cookie installed. Be aware that in such cases some of the Services’ functionalities would not be properly available.
  • c. Opt-out: If End User does not wish its Personal Information to be collected, processed or shared for the above purposes, they may opt out from this use with effect for the future. For opting out, the End User can do so by sending an email to [email protected].
  • d. California Privacy Rights: California Civil Code Section 1798.83 permits our Customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are an End User, to date, we do not collect any Personal Information that may identify you so we would not be able to exercise this right and you should read more about our opt-out option. If you are a Customer you may send an email to: [email protected].
  • e. EU Data Subject Rights: Any Personal Information that we may collect according to this Privacy Policy is handled and treated in compliance with the EU general data protection regulation.
  • f. Canada: If you are a resident of Canada, you are permitted to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, where applicable. To make such a request, please send an email to [email protected]. If otherwise you have any question about your Personal Information you may contact our compliance team at: [email protected].
  1. INFORMATION SECURITY
    We, and third party services/affiliate entities implement data security systems and procedures to secure the information transmitted, processed and stored in our computer servers and systems. For example, the Site is encrypted by using SSL and so as any other information at transport, we periodically review our information and data collection practices to ensure constant monitoring, we use third party processing and serving services that implement various information security standards and certifications (at rest and transmission), and we monitor and filter access to data when it comes to personnel in our organization. Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security, as there is no such thing when it comes to the world-wide network. Therefore, we cannot guarantee that the Services and our servers are immune to unauthorized access to the information stored therein and to other information security risks. If you have any questions about our security and safeguards efforts, you can contact us at: [email protected].
  2. DATA RETENTION
    Unless we are instructed otherwise by applicable laws, we retain Information we collect for as long as needed to provide the Services, operate them, monitor them, and to comply with our legal obligations, resolve disputes and enforce our agreements.
  3. CROSS-BORDER DATA TRANSMISSION
    We may transfer your Information (including Personal Information) outside the country in which it is collected or in which you reside, including to a country that may not offer the same level of protection for Personal Information as the country in which you reside. However, in which case we make sure to place all contractual safeguards to ensure your Information is processed in a way that offers an adequate level of protection when it is shared between or among our third-party vendors. If applicable to your type of consuming the Services, by providing Personal Information and using the Services, you expressly consent to the use of such Information in accordance with this Privacy Policy and to the transfer of your Information to another country.
  4. CHILDREN’S PRIVACY
    The Services are not designed to attract children under the age of 16. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16. If we learn that we have collected Personal Information from a child under 16, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any such information, please contact us in accordance to the contact information set forth below.
  5. COMMENTS AND QUESTIONS
    If you have any comments or questions about this Privacy Policy, please contact us at [email protected].